FabFitFun. Inc. (“FabFitFun”), the seasonal beauty box-by-mail company, has sued JFF Entertainment, LLC (“JFF) for breach of contract. In its lawsuit, FabFitFun alleges that JFF never provided the social media endorsements that it had contracted to provide from actors Cara Delevingne, Sarah Hyland, and Ashley Benson. FabFitFun was careful to point out that the lawsuit was brought against JFF and not any of the individual actors named above. In fact, it is reported that two of these actors were never even
made aware of the underlying contract between FabFitFun and JFF. This lawsuit is a good reminder that influencer law involves more than merely complying with the Federal Trade Commission’s (“FTC”) guidelines. Among other considerations, it is important to carefully draft influencer marketing agreements to prevent future lawsuits and regulatory investigation.
What Should be Included in Influencer Marketing Agreements?